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UNITED RETAIL & WHOLESALE EMP. v. YAHN & Mc DONNELL, INC.

Nos. 85-1035, 85-1065.

787 F.2d 128 (1986)

UNITED RETAIL & WHOLESALE EMPLOYEES TEAMSTERS UNION LOCAL NO. 115 PENSION PLAN and Robert E. Zimmer, Michael Paolella, John P. Morris and James Smith, Jr., Trustees of the United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan, Appellees/Cross-Appellants, v. YAHN & Mc DONNELL, INC. and the Pennstar Company, Appellants in 85-1035/Cross-Appellees.

United States Court of Appeals, Third Circuit.

Decided March 31, 1986.

Rehearing and Rehearing Denied April 23, 1986.

Attorney(s) appearing for the Case

Paula R. Markowitz (Argued), Richard H. Markowitz, Markowitz & Richman, Philadelphia, Pa., for appellees/cross-appellants.

William H. Ewing (Argued), Hangley, Connolly, Epstein, Chicco Foxman & Ewing, Philadelphia, Pa., for appellants in No. 85-1035/cross-appellees.

Before SEITZ and BECKER, Circuit Judges, and ROSENN, Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied April 23, 1986.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case presents three important questions concerning the Multiemployer Pension Plan Amendments Act of 1980 ("MPPAA"), 29 U.S.C. § 1381 et seq. (1982): 1) whether MPPAA authorizes a right of action to collect withdrawal liability payments pending arbitration proceedings at which employers withdrawing from the plan may challenge assessments...

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